Planning Justification Report
Zoning By-law Amendment for Sleeping Loft Addition to Existing Boathouse
Roland Colthoff
P/N 3314 | July 28, 2020
County of Peterborough Municipality of Trent Lakes 91 Fire Route 79A (Big Bald Lake) Concession 9 Part Lot 14 (Harvey)
93 Bell Farm Road, Suite 107, Barrie, Ontario L4M 5G1 Telephone (705) 726-1141 Toll Free: (877) 726-1141 [email protected] www.skeltonbrumwell.ca
Table of Contents
Page
1.0 Introduction ... 3
2.0 Site Physical Context ... 4
2.1 Colthoff Property ... 4
2.2 Existing Land Use ... 4
2.3 Proposed Development and Zoning by-law Amendment ... 4
3.0 Pre- Application and Post Public Meeting Consultation ... 5
4.0 Planning Context and Analysis ... 6
4.1 Provincial Policy Statement, 2014 ... 6
4.2 Growth Plan for the Greater Golden Horseshoe, 2019... 6
4.3 County of Peterborough Official Plan ... 6
4.4 Municipality of Trent Lakes Official Plan ... 6
4.5 Municipality of Trent Lake Zoning By-law ... 8
5.0 Planning Analysis for Conformity and Merit ... 9
6.0 Recommendation and Conclusions ... 15
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Planning Justification Report
Zoning By-Law Amendment for Sleeping Loft Addition to Existing Boathouse 91 Fire Route 79A Municipality of Trent Lakes
P/N 20-3314 July 2020
1.0 Introduction
Skelton Brumwell & Associates Inc. (SBA) was retained by Roland Colthoff to provide a review of Provincial and Municipal planning and provide an opinion relative to a zoning by-law amendment application for a second storey addition to an existing boat house to provide a sleeping area and bathroom. This Planning Justification Report (PJR) expresses that opinion with further references and justification for the proposed zoning by-law amendment for the Colthoff property at 91 Fire Route 79A in the Municipality of Trent Lakes.
Figure 1: Existing Uses of the Colthoff Property
The purpose and effect of the requested zoning amendment was to permit an expansion of an existing boathouse to allow for a sleeping area with a washroom in a loft. The proposed zoning by-law amendment would rezone the property from “Shoreline Residential-Private Access (SR-PA)” to “Shoreline Residential -Private Access Special Exception” to permit the expansion of the boathouse as a loft for a sleeping area, with special provisions to recognize the existing building.
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2.0 Site Physical Context 2.1 Colthoff Property
The subject property is 1 ha in area located in the Municipality of Trent Lakes within the County of
Peterborough. The Colthoff property has access from Fire Route 79A west of Highway 36. The property is legally described as 91 Fire Route 79A, Concession 9 Part Lot 14.
The property has an irregular shape with over 150 m of shoreline on a bay of Big Bald Lake.
2.2 Existing Land Use
The subject property is approximately 1 hectare (2.47 acres). The property accommodates a seasonal cottage of 74.5 m2, a boathouse of 44.6 m2, a small sauna at the waterline, and a small shed. There is a septic system and a new drilled well for water supply.
Surrounding Land Uses to the property are similar with the following:
• North similar Shoreline Residential – Private Access properties
• East similar Shoreline Residential – Private Access properties
• West similar Shoreline Residential – Private Access properties
• South of the property across the bay are similar Private Access properties.
2.3 Proposed Development and Zoning by-law Amendment
An application for a zoning by-law amendment was submitted in 2019 to the Municipality of Trent Lakes. The proposed development is the construction of a loft above the existing footprint of the boathouse sleeping area with a washroom.
Mr. Colthoff described the proposed development as:
• Wish to add habitable space while not increasing the footprint of structures on the property to provide increased living area for a multi generational family use of a seasonal dwelling.
• a small bathroom but no kitchen facilities within the new second floor and this will be connected to our existing septic system.
The Zoning By-law amendment required to permit and regulate this proposed development is a site- specific zoning by-law to provide the following special provisions:
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1. Permission for a second story loft to an existing boathouse,
2. Permission to use the loft for habitable space meaning a area limited to use for sleeping with plumbing and sanitary facilities connected to a existing water and sewage systems,
3. Permission to Increase the Gross floor area of an existing boathouse from 44.6 m2 to 89.2 m2,
4. Permission to Increase the height of the existing boathouse from 4.9 m to 5.26 m; and
5. Permission for a water yard of the existing sauna as an accessory structure to be 1 m.
The latter provision was recognized as required at the Public Meeting of February 18, 2020.
3.0 Pre- Application and Post Public Meeting Consultation
Mr. Colthoff began the process of applying for the boathouse addition and was advised by the Planning Department that a Zoning By-law Amendment would be required with planning support. Mr. Colthoff is a professional Architect and he prepared and submitted a Planning Rationale. There was no other report or study requirement for the application as the septic system and a newly drilled well were functioning. As there was no additional building footprint and no loss of vegetation, no investigation of natural heritage was required.
The Public Meeting on the Zoning By-law Amendment Application was held February 18, 2020.
The opinion of the municipality’s planning consultant was that there was not support for the four required exceptions. On discussion of the Planning Rationale and information submitted by Mr. Colthoff on other two- storey boathouses in the area, Council deferred a decision and identified that there be a staff investigation of other two-storey boathouses in the area.
In preparing this Planning justification Report a further telephone conversation July 21, 2020 with the Municipal Planning Administrator was held to discuss the application requirements and context. This also confirmed that no environmental impact study was required by the Municipality as the boat house was being expanded up not out and no new ground area near the waterfront was being developed.
Since the Public Meeting, SBA planners have had conversations with the Municipality’s Planning Administrator and Planning Consultant about further evaluation of the application on the main issues being maintenance of shoreline character and having habitable structures in the shoreline setback and protection of water quality.
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4.0 Planning Context and Analysis 4.1 Provincial Policy Statement, 2014
The proposed addition to the existing boathouse is consistent with the Provincial Policy Statement 2020 as it is developing up rather than out to provide additional seasonal accommodation while avoiding further disturbance and development of the shoreline area. There is not a risk related to flooding hazard for access as the boathouse structure exists at the waterline and this will be a limited seasonal use gaining access from a door on the east side elevated five steps above existing grade which itself is above the waterline.
4.2 Growth Plan for the Greater Golden Horseshoe, 2019
The Growth Plan for the Greater Golden Horseshoe 2019 (GPGGH), is a framework in place for implementing Ontario’s vision for building stronger, prosperous communities by better managing growth. The Growth Plan is applicable to the County of Peterborough and therefore the Municipality of Trent Lakes.
Section 4.2.4.1 of the Growth Plan requires a minimum 30 metres setback from “Key Hydrologic Features”, which are defined to include inland lakes. The boathouse is located at the end of a small inlet extending inland from the shoreline of Big Bald Lake.
The proposed addition to the boathouse is consistent with the GPGGH considering that the hydrology of the lake is not affected by an addition to an existing boathouse for a sleeping area with no grade changes at the
waterline. Water and sewage services for the cottage users are provided from existing approved systems.
4.3 County of Peterborough Official Plan
The County of Peterborough Official Plan sets the land use and planning framework for all local Official Plans and decision-making. Its policies are broad to guide the local municipalities in creating detailed policies in their Official Plans. The Municipality of Trent Lakes maintains separate, free-standing planning documents. There is not an issue of conformity with the County of Peterborough Official Plan.
4.4 Municipality of Trent Lakes Official Plan
Schedule A1 Land Use and Transportation Plan Harvey (Now the Municipality of Trent Lakes) Official Plan designates the property as “Recreational Dwelling Area” as shown on Figure 2.
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Figure 2: Schedule A1 Land Use & Transportation Plan Harvey (Now the Municipality of Trent Lakes)
The permitted uses of the Recreational Dwelling Area are:
• Single Unit Permanent Dwellings;
• Single Unit Recreational Dwellings;
• Existing Local Commercial Uses;
• The conversion of recreational dwellings to permanent dwellings where appropriate; and
• Parkland.
Section 5.1.20.3.e) of the Official Plan recognizes the shorelines of the Kawartha Lakes as significant natural features within the Municipality. Special measures should be considered when reviewing development proposals along the shorelines to minimize potential negative impacts on the water quality, natural hazards and natural features of the lakes.
Similarly, section 5.1.10.11 – Water setbacks, outlines that “New development shall be set back sufficiently from any water body or watercourse to promote the protection of water quality and natural stream and valley lands…All new development on a lot shall be setback a minimum 30 metres from the established high water mark of water bodies and watercourses”.
Furthermore, section 5.4.2 - Pattern of Development, outlines that “New development proposals in the Recreational Dwelling Area designation shall recognize the sensitivity of the shoreline in determining the land/water interface; and built structures should be screened from the lake, where possible”.
Subject Property Subject Property
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Consultations with municipal planners established that the main concerns for conformity of the zoning by-law amendment and the boathouse addition are 1) protection of Lake and shoreline character, and 2) protection of the water quality of the Lake.
4.5 Municipality of Trent Lake Zoning By-law
The subject property is zoned “Shoreline Residential – Private Access (SR-PA)” according to the Municipality’s Zoning by- law. An excerpt from Schedule A is shown on Figure 3.
Figure 3: Zoning of the subject property
The permitted uses of the SR-PA zone are:
9.1 Permitted Uses
9.1.1 a single detached dwelling in accordance with Section 4.12 9.1.2 a seasonal dwelling in accordance with Section 4.12 9.1.3 a home occupation
9.1.4 a private or public park
Guest Cabins are permitted subject to compliance with provision 5.5 which restricts the floor area not to exceed 44.6 square metres (480.0 sq. ft.). Cooking and sanitary facilities are not permitted.
Boathouses are permitted subject to provisions 3.28:
3.28 Boathouse means a single storey detached accessory building, or structure which is designed or used for the sheltering of a boat or other form of water transportation but shall not contain sleeping, cooking, plumbing, or sanitary facilities and in which human habitation and/or other recreational activities are prohibited. Building height shall be measured from the highwater mark.
Subject Property
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Boathouses are further restricted by 4.2.15 which provides for a maximum height of 4.9 m. (16.0 ft.) as measured horizontally from the elevation of the high-water level; and the boathouse shall not exceed a maximum total floor area of 74 square metres (796.5 sq. ft.). A loft is not permitted within a boathouse.
A Loft (3.135) means a habitable room or space directly under the roof of a house or other building, but does not include an attic.
3.113 Habitable Room means a room designed for living, sleeping, eating or food preparation, including a den, library, sewing-room or enclosed sunrooms but not including any space in a dwelling used as a lobby, hallway, closet, or bathroom or any room having floor space of less than 4.6 m².
The Expansion to Existing Buildings Section 4.30.3 provides an indication the proposed expansion of the boathouse with an existing floor area of less than 112 square metres may be permitted, subject to compliance with other provisions, as “the expansion does not further reduce the existing setback from the high water mark.” A site-specific provision is required to permit the proposed total floor area of the boathouse.
The result of this review is that the proposed Colthoff boathouse addition for a sleeping loft would require site specific zoning permission to permit the project, as proposed in the architectural drawings. The site-specific provisions required for the proposed addition are:
1. Permission for an existing boathouse to be expanded with a sleeping loft, 2. Permission for a loft in a boathouse to be used for a sleeping area, 3. permission for a loft in a boathouse to include sanitary facilities, 4. Permission for a boathouse with a floor area of 89.2 m2,
5. Permission for a boathouse to be up to 5.3 m in height. (rounded up).
5.0 Planning Analysis for Conformity and Merit
To analyse the conformity of the proposed site-specific Zoning By-law Amendment (ZBA) with the Official Plan and the sense and merit of the proposed boathouse loft addition, the visual and physical context is shown and analysed below.
The pattern of development of the shoreline of this part of big Bald Lake opposite the Colthoff lot is shown on Photo 1.
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Photo 1 View of Shoreline Pattern of Development Opposite the Boathouse
There are seven (7) cottage lots along the shoreline opposite the very large Colthoff property. Mr. Colthoff advised that the previous two lots were combined by the family over time. There is no intension of severing the land.
Mots of the seven lots opposite have been developed with cottages, docks and boathouses which are observed from the Lake and the Colthoff shoreline as seen in Photo 1.
11 Figure 4 Pattern of Lot Development
The existing natural setting and setback of the Colthoff boathouse from the lake recognizes the sensitivity of the shoreline and the land/water interface. The boathouse is screened significantly from the lake in conformity with Official Plan Policy 5.4.2. This is well depicted on Photo 2 below.
The screening of the proposed boathouse addition is possible and will be effective. Figure 5 shows an outline of the boathouse addition on the photo view. The area is well wooded and is a very natural peaceful setting.
12 Photo 2 View from near front shoreline to Boathouse
Figure 5 South Elevation of Boathouse Shown on Photo
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The addition to the Boathouse is of a scale and nature which is insignificant in visual impact in the natural and wooded setting of the inlet.
The view out from the dock of the Boathouse, shown in Photo 3, shows how well screened and narrow is the view to, and from the Lake.
Photo 3 View from Boathouse to Lake
All of this establishes that the proposed boathouse addition conforms with OP Policy 5.4.2 as the proposed addition to a boathouse is sensitive to the shoreline and is well screened from the Lake.
This shoreline of the Colthoff property creates an unusual setting for the existing boathouse as it is setback at the end of a small inlet approximately 26 m back from the main lake shoreline.
The yellow line on Figure 3 shows a 26 m setback from the shoreline extended across the inlet which is shown in red. The boathouse is further inland from the Lake than the Colthoff cottage.
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Figure 6 Setback of 26 m Existing Boathouse to Shoreline extended Across Inlet
The OP Policy 5.1.10.11 intends to protect the water quality of the lake referencing a minimum 30 m from the established high water mark. The highwater mark will be at or near the level of the dock at the boathouse however there is no new physical development at the waterline and the boathouse is approximately 26 m from the Lake. The proposed boathouse addition is setback and elevated sufficiently from the water body, so as to protect the water quality of the inlet and Lake. Further the use will be restricted to a sleeping area.
It is reasonable, in this rather unique context, to interpret that the proposed limited habitable space in the boathouse loft addition for a sleeping area only, is in conformity with the intent of the policy for a setback from the waterline which protects water quality and natural conditions.
The proposal to provide additional sleeping area for family and visitors in a loft addition to an existing structure, achieves the intent of the OP policy as well or better than would construction of a separate new Guest Cabin as permitted by the OP and Zoning By-law. The construction of a Guest Cabin would disturb the ground and
vegetation of another part of the lot and introduce a potential new element of visual observation from the Lake.
The topography and bedrock of the lot would make development of a separate Guest Cabin quite challenging.
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6.0 Recommendation and Conclusions
We have conducted a site visit; interviews of municipal planners and; an evaluation of planning policy and intent for protection of the environment and water quality and character of Big Bald Lake. All of this with regard to the unique setting and context of this application for a boathouse addition for a sleeping area. We conclude that the proposed rezoning and loft addition for limited use as a sleeping area has merit and can be adopted and
approved in conformity with the Official Plan, with site specific provisions and restrictions.
The proposal to include bathroom facilities is not justified at this time as the Municipality does not permit such facilities in boathouses or in Guest Cabins. A provision to recognize the existing sauna is appropriate.
The recommended site-specific Zoning By-law Amendment should include the following special provisions and restrictions:
1. Permission for an existing boathouse to be expanded with a sleeping loft,
2. Permission for a loft in a boathouse to be restricted for use as a sleeping area only, 3. Permission for a boathouse with a floor area of up to 89.2 m2,
4. Permission for a boathouse to be up to 5.3 m in height.
5. Permission for a water yard of the existing sauna as an accessory structure to be 1 m.
A site-specific Zoning By-law Amendment in this form and restricted use will be good planning for the site, and represent good planning for the area and the municipality.
All of which is respectfully submitted, SKELTON, BRUMWELL & ASSOCIATES INC.
per:
Gary Bell, RPP Consulting Planner
